In America, the ability to own a home is part of the American Dream. In furtherance of this, there are numerous laws which encourage home ownership such as the mortgage interest deduction and the concept of the homestead exemption. What Is A Homestead in Illinois? A homestead is a building or collection of buildings where people actually live. “Homestead is a freehold estate in land, the purpose of which is ‘to insure to the family the possession and enjoyment of a home ” Willard v. Northwest National Bank of Chicago, 137 Ill. App. 3d 255, 264 (1985) Labelling a house a homestead provides “a shelter beyond the reach of his improvidence or financial misfortune.” People v. One Residence Located at 1403 East Parham Street, 251 Ill. App. 3d 198, 201 (1993) Homestead In Illinois When You Are Married In Illinois, labelling a house a homestead, keeps one member of the couple from evicting the other party from the home. “Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandons her, she is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.” 750 ILCS 65/16 In Illinois, “where a homestead exists neither can change the residence of the other from that homestead without such other’s consent or unless another suitable homestead is provided.” Brod v. Brod, 390 Ill. 312, 324 (Ill. 1945) The concept of the homestead means that the married person who owns a property cannot simply put their spouse out on the street. The married person who owns property must find their spouse suitable housing…at least until they’re no longer married and are, in fact, divorced. If you bought or sold a house in Illinois while married, you are probably already familiar with this concept as you had to get your spouse’s signature for a waiver of their homestead rights. “No deed or other instrument shall be construed as releasing or waiving the right of homestead, unless the same shall contain a clause expressly releasing or waiving such right. And no release or waiver of the right of homestead by the husband or wife shall bind the other spouse unless […]
from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/homestead-rights-and-divorce-in-illinois/
No comments:
Post a Comment